1830: Cornelius Burley

(Thanks to Cornelius Burley for the guest post, which was originally his “confession” on the scaffold at the first-ever hanging in London, Ontario, on August 19, 1830. “Poor, ignorant, weak-minded and almost an idiot,” he’s an unlikely author for the erudite tract — so it’s a fair bet that it was wrung out of him/ghost-written by his minister, who published the dang thing afterwards. More serious than the style is the content: many people to the present day have suspected Burley innocent of the crime to which he here “confesses” and that the real killer of the constable might have been one of the Ribble family with whom he was hiding out. -ed.)

As I am on this day to be executed as the just reward of my crimes, and the only satisfaction which can be made to meet the penalty of the civil law which I have violated, I feel it to be my duty to all those who stand here as spectators of my disgrace, and also to God, who has been justly offended with me on account of my transgressions, to make the following humble confession before I die; and I sincerely pray that it may be acceptable in the sight of the Almighty God, and have a tendency to check the progress of evil, and prevent others from doing as I have done.

I have always been wicked and thoughtless from my youth, having been brought up under the tuition of my parents who were tender and kind in many respects, but never appreciated the benefits arising from education of religion therefore I never was instructed to read or write, nor did they ever attempt to impress my mind with religious sentiments; having no attachments to any system of religious instruction themselves, I was left to wander through the world under the influence of depravity, with out the advantages of education or religious instruction to counter-balance the influences of my natural propensities of evil of various kinds, particularly that of frequenting places of profane resort. I was often found in the merry dance, and lost no opportunity of inducing thoughtless and unguarded females to leaves the paths of innocence and virtue. I lived in constant neglect of the holy Sabbath, and considered it as a day of profane amusement and I entirely neglected the worship of God; and daring profaneness employed my tongue, which ought to have been employed n the service of God, and in imploring his pardoning mercy.

I was married at the age of 21 to a respectable young woman by the name of Sally King; but soon found pretext to forsake her, as jealousy arose in my mind (perhaps without any just causes) that she was guilty of the same crime that my propensities led to. Some time after this, perhaps in June 1829, I married a second, (the first being still alive) — her name was Margaret Beemer, of Waterloo.

The unfortunate circumstances which led to my untimely end were as follows: A misunderstanding took place between Mr. Lamb and myself, in which I considered that the said Mr. Lamb defrauded me; and I could get no legal redress for the fraud, and being influenced partly with a spirit of revenge and partly with a desire to get redress, I took the law into my own hands and shot a steer belonging to the said Mr. Lamb for which transgression a warrant was issued, and I was pursued and taken; but by a stratagem I escaped from the constable, and fled to the township of Bayham in London district, whither I was pursued by Mr. Pomeroy, the unfortunate victim of my rashness.

I made use of various means to escape from him and those who were aiding him in pursuit of me, until the dark and unhappy night of the 15th September, 1829, when the heart appalling deed was committed, the thoughts of which produce the keenest remorse.

That evening I took the fatal instrument of death and after close examination that it was in order to do execution, I fled to avoid them, but in my flight I came near meeting them before I was aware of my danger; but as soon as I saw them I stepped behind a tree to avoid being seen by them, but Mr. Pomeroy at this moment altered his course and came toward the tree behind which I stood. I then supposed that he saw me, and was determined to take me; I then under the impression at the moment, concluded that my escape could not be effected without taking the life of Mr. Pomeroy; I accordingly presented my rifle, and ordered him to stand back, but gave him no time to escape till I fired on him, which shot was instrumental in bringing him to an untimely grave, and me to this disgraceful end. Yes! O yes! It was I who did this murderous deed; it was I alone who was guilty of this horrid and bloody crime, and none but I was guilty of shedding the blood of that trusty man, Mr. Pomeroy, who was faithfully performing his duty to his King and country.

As an act of justice due to Anthony Ribble, I am constrained to say that he had no hand in the crime whatever. Neither had any other person. It was altogether my own act for which I now feel to abhor myself and feel deeply humbled in the sight of God. O that I could recall that most shocking and dreadful deed! But as I cannot, I wish to warn all others nor to do as I have done. And I further say, that now considering myself as a dying man, I attach no blame to his Lordship the Chief Justice, nor his assistant on the Bench, the Sheriff, the Jurors, or Witnesses in my conviction and execution, as I believe they all acted from pure motives, and did their duty with punctuality in obedience to the laws of the country; and I only suffer the penalty that is justly due my crimes. I feel grateful for, and desire to acknowledge the favour of being visited by the ministers of the different denominations, whose instructions have been instrumental in leading me to my last refuge, which is Christ alone; and in my great extremity I have gained a confidence that through the merits of Christ alone I will be saved, although the chief of sinners.

I now big farewell to the world, and to all earthy things at the age of twenty six; and I sincerely hope that all you who behold my disgrace, will take a warning by my untimely end, and avoid the snares into which I have run. I freely forgive all that have injured me, and I sincerely ask forgiveness of all whom I have injured, but particularly God, whose righteous laws I have violated, but who has become the reconciled through Jesus Christ, and had given me as evidence of his love. O praise the Lord! I now leave this world with the fullest confidence that my sins are washed away in the Blood of the Lamb, and with sincere desire for the happiness of all I leave behind, I say again FAREWELL.


After his hanging — and his second hanging, when the rope broke on the first try — Burley’s skull was removed and sawed open by a phrenologist. It took a circuitous route through private collections and museums and was only buried in 2001.

On this day..

1831: Dic Penderyn, Merthyr Rising martyr

Welsh coal miner Dic Penderyn was hanged on this date in 1831 to crush a labor rising.

Richard Lewis was his real name — he got his nickname from the village of his residence, Penderyn, which is also true of Wales’s most famous whisky — dug carbon out of the ground to serve the mighty ironworks of Merthyr Tydfil.


Satanic mill? Cyfarthfa Ironworks Interior at Night, by Penry Williams (1825).

This vital node of the burgeoning industrial revolution made princes of its masters, and paupers of its subjects. “The town of Merthyr Tidfil was filled with such unguided, hard-worked, fierce, and miserable-looking sons of Adam I never saw before,” Thomas Carlyle would write in 1850. “Ah me! It is like a vision of Hell, and will never leave me, that of these poor creatures broiling, all in sweat and dirt, amid their furnaces, pits, and rolling mills.” The broiling creatures’ surplus labor lives on to delight the modern visitor in the form of Cyfarthfa Castle, the spired mansion thrown up in the 1820s by the prospering ironmaster William Crawshay II. (His successor in the role, Robert Thompson Crawshay, would be known as the “Iron King of Wales”.)

For workers, precarity sat side by side with toil and in 1831 the pressure of contracting wages and constricting debt triggered a protest that metastasized into rebellion. The Merthyr Rising saw the town completely overrun by the lower orders, flying the red flag in perhaps the earliest deployment of this now-familiar symbol as a banner of the proletariat.

They sacked the debtors’ court and fed its obnoxious bonds to a bonfire, and formed a militia that fought off a couple of attempted state interventions before 450 troops occupied Merthyr Tidfil on June 6 to finally quell the revolt. Two dozen protesters were killed in the associated fighting.

Twenty-six people were arrested and tried for various crimes associated with the Merthyr Rising, but amid the various imprisonments and transportations-to-Australia, Westminster perceived the need for the sort of message that only hemp conveys. Two men, Lewis Lewis (Lewsyn yr Heliwr) and our man Richard Lewis (Dic Penderyn) drew death sentences for stabbing a soldier with a bayonet. The former man’s sentence was downgraded to penal transportation when a policeman testified that he’d been shielded from a dangerous moment in the riot by Lewis Lewis. That left just the one guy and never mind a widespread belief in the town that Dic Penderyn was innocent of the crime.

Prime Minister Charles Grey, 2nd Earl Grey — yes, he’s the Earl Grey tea guy — refused an 11,000-strong community petition to spare him. Dic Penderyn hanged at Cardiff on August 13, 1831, at the site of the present-day Cardiff Market. A plaque marks the spot.

To latter-day descendants, both those of blood and those of insurrectionary spirit, Dic Penderyn is a seminal working-class martyr. Commemorations, and efforts to officially exonerate him, continue down to the present day.

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979: Gero, Count of Alsleben

On this date in 979, a Saxon lord won a trial by combat at the cost of his head.

You’re not supposed to call this period the “Dark Ages” but it’s fair to say that our sources don’t throw a comprehensive illumination on the story.

Our date’s principal is a count named Gero, possibly/presumably the descendant of one Gero the Great who governed a vast eastern march of the Holy Roman Empire. Famous for his campaigns against the Slavs, the Great Gero is the historical personage behind the “Margrave Gere” character in the Nibelungenlied.

By our Gero’s generation, that vast eastern march had been fragmented into smaller territories, so he carried the same name with nothing like the same political muscle. The man who concerns us was Count of the town of Alsleben, in Saxony, and somehow he made an enemy of a knight named Waldo. What grievance did they have worth fighting about? This is one of those topics left un-lit for us by history, but as we shall see we might be entitled to guess that Gero was the guy in the wrong.

At any rate, the two fought a sanctioned judicial duel on August 11, 979, a date we have via several chroniclers taken by the remarkable event. In the course of the scrap, both antagonists gave like they got, but Waldo having stunned Gero with a blow stepped out of the lists and began unstrapping. We can perhaps picture him, smirking in peppermint-striped armor, pumping his gauntlets … but …

… well, Gero had also wounded Waldo about the neck in the melee, and that wound took lethal, albeit delayed, effect. Was it a subtle injury that left Waldo bleeding out internally, blissfully unaware of death stealing up on him? Or a vicious wedge-shaped gash that spat wheezing gore through his fingers as he tried to stanch it? Whatever it was, it was good enough: “as he refreshed himself, Waldo fell down dead,” the prince-bishop Thietmar noted. (Book 3, paragraph 9 of Thietmar’s Chronicle.)

Executed Today has previously skirted the strange (and strangely long-lasting) juridical enclave of judicial duels/trials by combat. The way this is supposed to work is, the dead guy is deemed owned and the living guy, however concussed he might be, is legally vindicated by prowess at arms.

Not so here. Emperor Otto II revealed the whole spectacle to have been a sham all along and decreed Gero’s death anyway. He was beheaded that very evening.

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1869: Katkeena and John Anayitzaschist, Glyphs and Gallows

On this date in 1869, two men of the aboriginal Hesquiat nation of Vancouver Island off British Columbia’s Pacific coast were hanged outside their village by the white colonial authorities, on the charge of gratuitously murdering the (again, white) survivors of a shipwreck.

The English-built barque John Bright foundered in a gale just offshore from the location of the eventual gallows in February of that same year, with all aboard lost — including apparently the wife of the captain, their children, and the pretty young English nursemaid who looked after them.* Although within sight of a Hesquiat village also called Hesquiat, the violent surf put the vessel beyond aid.

The tale of a ship lost to the sea soon became in the eyes of Vancouver Island’s European capital city, Victoria, a very different tale of villainous “West Coast savages.” An unprincipled trader named James Christenson was the first to report the shipwreck in Victoria and put about his suspicions that at least some of the John Bright‘s denizens had reached shore alive. His evidence for this claim was seeing several headless bodies. A more generous interlocutor might proceed from this observation to indict the implacable violence of the rough open-ocean surf that would have carried the drowned to shore, crashing through the John Bright‘s timbers and tossing boulders hither and yon.

Instead the most diabolical inferences were immediately bandied as fact, with the city’s preeminent journalist D.W. Higgins categorically broadcasting that the ship’s personnel “were without doubt murdered by the Indians” and whipping political pressure that forced the colonial government into action. The HMS Sparrowhawk was dispatched to investigate with its conclusions so firmly determined that the refusal of the ship’s doctor to endorse a finding of homicide relative to the bodies he examined did not save native canoes from a cannonade meant to force the village to surrender some suspects. In the end the gunboat returned to Victoria with seven new passengers, two of whom wound up on the gallows: a man named John Anayitzaschist, whom some witnesses accused in contradictory accounts of shooting survivors on the beach, and a wretch named Katkeena (or Kahtkayna) who wasn’t even present in Hesquiat Village at the time of the shipwreck. The former man was a factional rival of the Hesquiat chief. The latter “was a simpleton of inferior rank and considered so worthless that not one woman of his tribe would take him as a husband,” according to the Catholic missionary Augustin Brabant, who lived for many years afterward among the Hesquiat people. He seems to have been given over to the executioner because he was disposable.

The case has receive a bit of renewed scrutiny in the 21st century: the British Columbia government issued a statement of regret in 2012, and an empathetic musician composed a string quartet (“Cradle Song for the Useless Man”) in honor of the forlorn Katkeena.

Executed Today comes by the affair via a wonderful 1997 book, Glyphs and Gallows: The Art of Clo-oose and the Wreck of John Bright. Author Peter Johnson weaves the wreck of the John Bright and the legal shambles that ensued with his exploration of native art — including the titular petroglyphs etched into coastal stone by native artists where still they sit to this day.

Drawn to the story by (accurate) reports of glyphs depicting European ships, Johnson hiked to the petroglyph site at Clo-oose where he sketched and photographed these amazing productions. The glyphs tantalize with the never-consummated possibility that they might directly allude to the John Bright affair, but more than this: in Johnson’s telling, they’re a priceless point of contact offered us by the hand of the artist to a cosmology in the moment before it is irrevocably lost to the tectonic action of European settlement.

Soon after the John Bright affair, things changed on the coast. The Colony of British Columbia joined Confederation, and the Royal Navy no longer sent its gunboats to intimidate worrisome Aboriginals. Settlement occurred, law and order prevailed, the potlatch and the totem poles were taken away. Disease forced a good many Natives to sanitoria, and Native children were sent to the residential schools run by Roman Catholic and Anglican missionaries. Families were disconsolate. The soul of a race was broken, and the moss-wet forest slowly reclaimed the longhouses and the welcome figures of a once proud people. A whole culture was literally on the brink of being wiped out completely. And then, from the very edge of oblivion, the elders began to retell their stories. It was these bits of remembered tales, called up from a desperate soul’s interior like images forced onto stone, that would enable everything to begin again.

The motive for metaphor is the motive to create a story: it is the artistic drive. The impulse to use symbols is connected to our desire to create something to which we can become emotionally attached. Symbols, like relationships, involve us with deeply human attributes. Raven and Bear can speak to us directly. I can smile at the glyph of a seal, with its curious smiling head poking just above the water, and I am filled with wonder at the image of a bird carrying a small child or a bodiless head. A symbols is at once concrete, palpable, and sensual — like a rose. At the same time, it reaches beyond itself to convey an idea of beauty, of fragility, and of transience. The great thing about art is that it continually forces us to see new sets of resemblances. Those long-gone artists who created the petroglyphs at Clo-oose used two sets of symbols — their own and those of nineteenth-century Western Europeans — in order to depict a vignette that was firmly grounded in their point of view. Like the carvers of the Rosetta Stone, they wisely used sets of metaphors and imaginative icons against materialist images of nineteenth-century commercial technology. Unlike the Rosetta Stone, however, the petroglyphs of Clo-oose do not use one set of images to explicate the other; the petroglyphs of Clo-oose are stunning because they incorporate one set of images into the other. Like a series of lap dissolves in modern film, we are drawn to ponder one story while at the same time being faced with the jarring reality of another … They are rich metaphors of the interior world of Native spirituality and history, and they have been juxtaposed with metaphors of European conquest. As such, they are eloquent indeed.

It is impossible to completely crack the codes of the sailing-ship glyphs of Clo-oose because the meaning of the Native spiritual images cast upon the rocks on that lonely shore has died with those to whom it was relevant. Our interpretations are approximations born of respect for the images themselves and of a renewed feeling for the time. We are left to ponder one significant story born of cultural collision. The petroglyphs of Clo-oose have served us well. They have, like any great code, prompted us to express, and urged us to remember, what might otherwise have been ignored. They have brought some light to an obscure world.

“Petroglyphs, monuments, art, music, dance, poetry, etc. are at the core of any culture,” Peter Johnson told us in an interview. “Where a mix of cultures occurs, then look to its art as a means of understanding the complex motives of such clashes.”

Executed Today: It’s the “Gallows” that draws our site‘s eye but can you introduce the native-carved petroglyphs of Clo-oose, including glyphs of 19th century ships akin to the ones involved in your narrative? Twenty-plus years after your book, have these treasures become any better appreciated as art and cultural heritage, or any better preserved and curated at their site?

Peter Johnson: An excerpt of the Clo-oose affair from D. W. Higgins’s The Passing of a Race (Toronto: William Briggs Publisher, 1905) is included in the back of Glyphs and Gallows. Being directly facing the Pacific, the Clo-oose site is one of many that Higgins suggests captures Native / Indigenous interactions in the 19th century. The four ships at the Clo-oose Site, Higgins suggests, are: the Sparrowhawk (long thin one that the Royal Navy used as a gunship to apprehend the so-called guilty tribesmen who “murdered the crew of the John Bright as it foundered just offshore”); the John Bright (the other long one, a barkentine freighting lumber from the coast to Valpariso, Chile); and, the smaller two ships may have been ships that sailed to the site and “discovered” the bodies. The official name of the site (anthropologically speaking) is DdSf 1 or commonly called Blowhole Site, because of a spout of water that comes shooting out of a cleft in the rocky shore at high tide. Other sites nearby are Hill Site, nearby on a sandstone ledge showing a huge beaked bird, and a copulating couple. Southeast of Clo-oose about 6 miles away, is Carmanah Lighthouse; there is a site there that contains several petroglyphs of human figures (one seemingly impregnated with a child) and other sites nearby show huge, fat, birds, and various fishes. These don’t say anything we can understand about first contact with “whites” and are likely religious figures which had a role in Native cosmology or family organization.


Peter Johnson’s sketch of the Blowhole Site, circa mid-1990s: there’s no way to conclusively identify any of the ship images with any one specific vessel, but if we are to suppose that association then in Johnson’s estimation the ship at the top would be the Sparrowhawk and the one at just left of center at the bottom the John Bright. The image is (c) Peter Johnson and used with permission.

The maps, mention and location of the sites are no longer found in recent books about the West Coast Trail, and the sites themselves have been left to erode away along the shore. Since Glyphs and Gallows, there has been no attempt, that I am aware of, to cover, reveal or understand more of their cultural and artistic messages. It’s as if the Natives don’t wish any further trace of information to be transmitted to other cultures and perhaps, they don’t know any more about the sites than we do. For example, totem poles of other indigenous peoples are left, as part of their meaning, to rot in the bush. We have a different predilection, and that is to save objects from the past. Which is more important? Who knows? Perhaps, the one that serves the intent of the original artist is most important?

As sandstone erodes fairly quickly, these important cultural sites will be gone in 100 years. I personally believe they are very important artistically and historically. Were they found in Britain, like the monoliths on the Orkneys, (at Scara Brae) or Stonehenge and other henges, they would be covered and revered. Here, the new Natives at Clo-oose don’t seem to know much more detail about such petroglyphs at Clo-oose, or do not wish to preserve them as culturally important artifacts. Perhaps, too, they are too difficult to decipher, much like Champolion’s translation of Egyptian hieroglyphics, that previously to him took many hundreds of years. Native myths do not seem to be currently studied as much as they are simply appreciated … appreciation is good, but it’s only a start of understanding. Digging for meaning, beyond a purely aesthetic appreciation, is equally, if not more important.

One of the questions you set out to explore was whether these glyphs directly depict the events around the John Bright wreck and the subsequent hangings. Your answer is indeterminate on that … but how should we understand what they say more generally about the cultural upheavals concerning contact with Europeans, and about the civilization that preceded that contact?

The context of what happened during the first 50 years of European contact with West Coast natives, needs to be read about and understood by more “Whites” and Natives alike. D. W. Higgins believes whiskey traders destroyed many Native lives through the products they brought. (I don’t entirely believe this.) Higgins suggests in July 1858, the Native population in Victoria was 8,500, and goes on to say that at least 100,00 Natives perished from booze-related afflictions. I believe smallpox wiped out great numbers as Natives were moved away from Victoria up-country and spread the disease (like Covid), as they met other indigenous groups. Many were vaccinated, but Gov. Douglas at the time (1862), needed to save some vaccine for his own Europeans who settled in Victoria. They did not cruelly withhold the vaccine from the Natives, several European governors helped them as much as possible … that so-called dismissal today is a more popular misreading of the history of the time which serves a current, darker political purpose.

Once the idea that the John Bright survivors had reached shore only to be murdered by the Hesquiat got around, it’s comprehensible how a racist “tunnel vision” fit all facts into this understanding. However, I struggled with why this idea was initially formulated at all — it’s not the null hypothesis when a ship founders in a gale and nobody survives. Was it the shock value of “headless bodies” even though the Europeans on Vancouver Island should have been familiar with the devastating force of the surf? Was it a wholly cynical formulation by James Christenson to, as you put it, “elicit regular naval protection from Natives that he and other unscrupulous traders had cheated”?

Yes, it was a cynical formulation by Christenson and others to elicit naval protection from bald-faced raiding of their Native resources (lumber, fish, etc.). Shock value of the headless bodies certainly inculcated White racist reaction against Native action.

Victoria’s precarity at this moment, as a city that aspired to political leadership but was still a muddy frontier settlement, riven by class conflict, so bereft of women that they arranged bride ships — another of your books — and with a politically uncertain future between England, Canada, and the U.S. … felt eerily resonant with our treacherous current historical moment. Can we interpret the rush to judgment and the hangings here as to some extent expressions of a civic psychological insecurity? If so, did anyone involved in the prosecution later express any misgivings about it as Victoria grew and Canadian confederation became settled?

Yes I think so, not so much insecurity as fear. Myths had been perpetrated about Native violence (Natives attacked and killed white settlers on Lummi Island and in Cowichan Bay about this same time). So certainly, the Indigenous peoples gained much “bad press” about their time. That probably led to the gunboat frontier mentality of the time and the not-so-much later movement to remove the diminishing numbers of children in Native settlements to the White residential schools. This movement is usually interpreted as Native genocide on the part of ingigenous peoples and many Europeans themselves believe this. A few felt it was the only way to save what they believed was a dying culture by giving them proficiency in English so they could survive and integrate among a juggernaut of white settlers that became Canada. I guess the anxiety here is about the meaning on the word “integration.’

The debate over that issue remains. Too bad the petroglyphs are ignored today, they (and pictographs, etc.) could shed more light on the complex cosmology of the region’s Native cultures. Protest, and not an understanding of the historical context, seems to get more coverage. Real knowledge, not bitterness on both sides, is the answer. Proper historical co-operation would help immensely here.

One of the threads in your narrative is teasing out this undercurrent of skepticism about the verdict that stretches back to the European coroner who would not support a finding of homicide and includes the missionary priest Augustin Brabant, who extensively rebutted the D.W. Higgins narrative of native guilt … but only in private. Do we have any direct native sources from the time, or any later traditions, that tell us how the John Bright affair has been remembered in that community? And why did Brabant never publish his extensive personal knowledge from decades of living with the Hesquiat?

Father Brabant had a Catholic ulterior motive. His answer was to turn the Natives away from their own cosmology to a belief in Catholicism. That kind of religious zeal and “cultural blindness” led to the divisions we are trying to solve today. I bet very few remember the John Bright Affair or even care to, as an example and a means to dismiss and/or destroy early Native humanity. It took him years to write about his own view, likely because the Catholic Church would have condemned or excommunicated him.

[Brabant told Higgins in private correspondence that Christenson was at Hesquiat Village when the John Bright wrecked, but fled without attempting to render aid for fear that he would “expose myself to be killed by the Indians.” (That’s Brabant quoting Christenson at third hand.) Brabant thought Christenson only returned, weeks later, to cover up his own cowardice by bearing “to town a tale of cruelty, and barbarism, of which there is not a particle of truth.” Since Higgins extensively published the tale of cruelty and barbarism, it’s no surprise that he didn’t buy what Brabant was selling. Brabant also witnessed another shipwreck in 1882 — he wasn’t there for the John Bright itself — and described victims washing up on the beach in pieces, arms and legs horrifically torn from their torsos by the incredible force of the surf. -ed.]

* We lack a precise complement of the ship and especially of the women-and-children contingent, who were renumbered and rearranged by conflicting reports. Rumors that one or more of the children lived on as wards of this or that tribe circulated for years afterwars.

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1709: Christopher Slaughterford, “Vengeance, Vengeance!”

The aptly named Christopher Slaughterford hanged on this date in 1709 — condemned, quite possibly wrongfully, for murdering his fiancee Jane Young.

Slaughterford owned a maltings at Shalford in Surrey and was known to be paying court to Miss Young when the latter went missing on the evening of the 5th of October, 1703. She turned up weeks later, dead in a pond and it was clear from the state of the body that it had been no accidental fall.

The closest relations of the victim in such cases are natural first suspects, and it was no exception with Slaughterford. With his neighbors murmuring, he turned himself in and stood trial at the Kingston assizes, winning acquittal: there was no firm evidence against him.

But the good people of Shalford not being satisfied with this outcome subscribed a second, private prosecution against Slaughterford. Some witnesses swore they’d been seen together that evening; Slaughterford and his lodger said he’d been at home. Such information as survives does not license one to make a categorical assertion of Slaughterford’s innocence but even for the time it was no better than a weak circumstantial case.”Some of the depositions against him seem very striking; yet the testimony in his favour is equally clear. There appears nothing in the former part of his life to impeach his character; there is no proof of any animosity between him and the party murdered; and there is an apparent contradiction in part of the evidence against him,” laments the Newgate Calendar. “The charitable reader must, therefore, be inclined to think this man was innocent, and that he fell a sacrifice to the prejudices, laudable, perhaps, of his incensed neighbours.”

Slaughterford for his part carried his denial of guilt all the way to the noose, signing this statement on the day of his hanging.

GUILDFORD, JULY 9, 1709

Being brought here to die, according to the sentence passed upon me at the Queen’s-Bench bar, for a crime of which I am wholly innocent, I thought myself obliged to let the world know, that they may not reflect on my friends and relations, whom I have left behind me much troubled for my fatal end, that I know nothing of the death of Jane Young, nor how she came by her death, directly or indirectly, though some have been pleased to cast reflections on my aunt. However, I freely forgive all my enemies, and pray to God to give them a due sense of their errors, and in his due time to bring the truth to light. In the mean time, I beg every one to forbear reflecting on my dear mother, or any of my relations, for my unjust and unhappy fall, since what I have here set down is truth, and nothing but the truth, as I expect salvation at the hands of Almighty God; but I am heartily sorry that I should be the cause of persuading her to leave her dame, which is all that troubles me.

As witness my hand this 9th day of July.

While the Young family was poor, they were in respect of Slaughterford’s life mightier than the sovereign herself: a private prosecution admitted no intervention by other courts or crown once a conviction was secured. Perversely, he’d have been better off having been convicted at his first trial, when the unreliable evidence might have recommended him as a good case for mercy.

Having been shown no clemency in life, Slaughterford offers none in death. Legend has it that his angry spirit now haunts the High Street of Guildford where he hanged, bearing a halter about its neck and a terrible cry of “Vengeance, Vengeance!” upon its spectral lips.

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1945: Harold Pringle, the last Canadian military execution

The only Canadian soldier to be executed during (… actually well after!) World War II, Harold Pringle, caught a fusillade in Italy on this date in 1945.

A 16-year-old — he fibbed about his age — enlistee from small-town Ontario, Pringle joined the Hastings and Prince Edward Regiment.

Pringle and a mate in the Hasty P’s name of “Lucky” MacGillivray linked up with some British deserters to form a black market outfit in conquered Rome. The “Sailor Gang”* enjoyed several weeks of picaresque living in the lawless city. Unsurprisingly, as Allied military authorities got control of the place they were eager to make examples of these minor gangsters. (Major gangsters were a different matter.)

The shooting death of that mate MacGillivray gave military prosecutors the means to sink the Sailors. One of their number was induced by a sweetheart deal to finger Pringle as for murdering him. Pringle and his comrades all contended that “Lucky” had been shot by mischance during one of the outlaws’ frequent drunken bouts, and having died en route to the hospital, Pringle shot him up posthumously in hopes of making the body look like it had been prey to a gang hit.

Despite all the trouble taken to secure a very dubious conviction, the execution itself was carried out in great secrecy by a tiny rump contingent of Canadians — all their fellows had already been withdrawn from Italy — who were not to speak of it afterwards.

According to Andrew Clark, the author whose research revealed the event to the wider public in A Keen Soldier: The Execution of Second World War Private Harold Pringle, it all came down a political balancing act. Canadian Prime Minister William Lyon Mackenzie King faced a June 1945 election (followed by formation of a coalition government) that a controversial execution might complicate.

However, the British had executed two of their guys in the Sailor Gang case, and reciprocity was expected on a diplomatic level. So the solution was to do it as quietly as possible, and cover it with an official secret designation. Even Pringle himself didn’t find out his sentence was confirmed until the morning of the execution.

Book CoverBook Cover
Left: The classic antiwar novel inspired by the Pringle case, which was the only novel published by Colin McDougall. Right: The 2002 nonfiction treatment that brought the affair to the public eye. Below: A 1955 episode of Four Star Playhouse also seems to be based on the Pringle case, and Colin McDougall is credited with the story.**

There’s a riveting audio interview here with a member of the Hastings and Prince Edward Regiment who had guard duty on the condemned youth on the last night of his life. “Just as brave as could be,” Orville Marshall reports.

* There’s another infamous troupe of deserter-gangsters operating in Rome in this same period, the Lane Gang. The said “Lane” — whose real name was Werner Schmiedel — was hanged by American authorities in June 1945.

** McDougall served in Italy up to the end of Canada’s involvement there, and that is surely how he came to know about the secret execution in a general sense; any more specific vector of information appears to be unknown. However discovered, Pringle clearly haunted McDougall: he took several years to write his magnum opus, and also published a short story in McLean’s in the early 1950s called “The Firing Squad”.

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1679: Five Jesuits, for the Popish Plot

Five Jesuits were hanged at Tyburn on this date in 1679, in the largest single mass execution of England’s “Popish Plot” hysteria.

This club of five is the five of clubs in a Popish Plot-themed deck of cards. Here are more images from the same series.

During this 1678-1681 outbreak of anti-Catholic paranoia, according to the French priest Claude La Colombiere, “the name of the Jesuit [became] hated above all else, even by priests both secular and regular, and by the Catholic laity as well, because it is said that the Jesuits have caused this raging storm, which is likely to overthrow the whole Catholic religion.”

This clique of course had a long tradition on the Isles of positioning as treasonable foreign agents dating to the Elizabethan age.

The five Jesuits of concern to us today, Thomas White aka Thomas Whitebread, John Fenwick, William Harcourt aka William Harrison, John Gavan, and Anthony Turner, were accused by Popish Plot confabulator Titus Oates of having “consulted together and agreed to put the said Lord the King [i.e., the reigning king, Charles II] to death and final destruction, and to change the lawful established religion of this kingdom to the superstition of the Roman Church.”

The prisoners made a deft and eloquent defense, impugning the credibility of the embittered ex-priest Oates who could produce no evidence to support his conspiratorial charges — all the stuff that would become the common perception a few years later when a disgraced Oates stood in the pillory for the bloodbath unleashed by his fabulisms.

But in 1679 — what with being hated above all else — the trial was a foregone conclusion. They were hanged to death, then quartered posthumously.

In common with almost all the victims of the Popish Plot persecutions, all five denied their guilt at their executions.

I am come now to the last scene of mortality, to the hour of my death, an hour which is the horizon between time and eternity, an hour which must either make me a star to shine for ever in the empire above, or a firebrand to burn everlastingly amongst the damned souls in hell below; an hour in which, if I deal sincerely, and with a hearty sorrow acknowledge my crimes, I may hope for mercy; but if I falsely deny them, I must expect nothing but eternal damnation; and therefore, what I shall say in this great hour, I hope you will believe. And now in this hour, I do solemnly swear, protest and vow, by all that is sacred in heaven and on earth, and as I hope to see the face of God in glory, that I am as innocent as the child unborn of those treasonable crimes, which Mr. Oates, and Mr. Dugdale have sworn against me in my trial … [if I] palliate or hide the truth, I wish with all my soul that God may exclude me from his heavenly glory, and condemn me to the lowest place of hell-fire.

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1996: Huugjilt, wrongful execution

On this date in 1996, a Chinese Mongol with the singular name of Huugjilt was executed by gunshot for rape and murder at Hohhot. With benefit of hindsight, it’s come to be viewed as “one of the most notorious cases of judicial injustice in China.”

Huugjilt discovered the body of a woman named Yang in a public toilet at a factory, on April 9, 1996 — just 62 days before the execution. She’d been raped and strangled, and that official tunnel vision common to wrongful conviction scenarios immediately zeroed in on Huugjilt himself. With conviction quotas to fulfill, authorities abused Huugjilt into a confession and an overhasty conclusion.

“It has not been rare for higher authorities to exert pressure on local public security departments and judiciary to crack serious murder cases,” China Daily editorialized. “Nor has it been rare for the police to extort confessions through torture. And suspects have been sentenced without solid evidence except for extorted confessions.”

This conviction unraveled in 2005 when a serial sex predator named Zhao Zhihong admitted the murder. (He was charged with many similar crimes besides.) The belated investigations ensuing from the resulting uproar cleared Huugjilt, even to the extent of holding a formal posthumous retrial that overturned the original verdict.

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1780: Johann Heinrich Waser, persecuted whistleblower

On this date in 1780, statistician Johann Heinrich Waser

“One of the most spectacular and horrific treason cases of the late eighteenth century” in the words of Jeffrey Freedman (A Poisoned Chalice | here’s a review) — one that “shattered the complacent belief that such a brutal and cynical act of repression could no longer occur in an age of Enlightenment, let alone in Switzerland, the land of William Tell, republican virtue, and free, self-governing citizens.” Subsequent centuries laugh in bitter commiseration.

Initially a pastor, Waser’s idealism had not been fully wrung out in the seminary and so he got himself fired from his Zurich-area parish for complaining too loudly about the oligarchic graft that left his flock’s poor relief barren.

Nothing daunted, he effected a career change and “threw himself with zeal and success into all researches in natural history, history, agriculture and statistics.” He surely had little notion that this technocratic exercise could imperil his life … but as with his time in the ministry, he suffered for his inability to pay the tithe of politic hypocrisy to the unrighteous mighty. Freedman again:

One of Waser’s demographic studies uncovered evidence of a stagnating and even declining population in certain rural districts. To Waser (and indeed to cameralists in general) it was axiomatic that a growing population was good, that it was both cause and symptom of economic prosperity. So the evidence of a stagnating and declining population demanded an explanation, which Waser believed he had found in the trade in mercenaries practiced by the Swiss cantons. With this, Waser was touching upon a very delicate subject indeed, for the trade in mercenaries was not only a useful safety valve for disposing of excess population, it was a major source of fiscal revenue. Yet Waser condemned the lucrative trade without restraint, documenting with hard statistical evidence the population losses it caused; and he drove home his point with anecdotes such as the following, which appeared in the introduction to a study provocatively entitled, “Swiss Blood, French Money”:

With the General Stuppa in attendance, the Marquis de Lauvois, the War Minister of Louis XIV, is supposed once t0o have said to his king: “Sire, if you had all the gold and silver paid by yourself and your royal ancestors to the Swiss, you would be able to pave the highway from Paris to Basel with Thalers.” Whereupon General Stuppa declared: “Sire, that may well be so; but if it were possible to collect all the blood shed by our nation for you and your royal ancestors, one could build a navigable canal from Paris to Basel.

Waser’s incautious muckraking got him the Julian Assange treatment: he’d be condemned for treasonably stealing the information he reported for the public weal; in an attempt to blacken his name, he was even spuriously investigated for poisoning the sacramental wine.

The May 27 beheading of the “unhappy pastor” raised a clamor of European outrage against Zurich’s oligarchs. True, the salon-dwelling demographic liable to such a sentiment had no power to chastise. But it at least enjoyed the satisfaction inside of 20 years to see the lords toppled who had built Waser’s scaffold … thanks, appropriately enough, to the French.

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2020: Walter Barton, coronavirus milestone

Missouri graced America with her first coronavirus pandemic execution tonight.

Aptly emblematic of a moment where crumbling institutions reveal the post-Cold War empire’s far-advanced rot, Walter “Arkie”* Barton’s death on the gurney culminated three decades of shambolic re-prosecutions, reliant in the end for their victory on nothing but the unequal strength of the prosecutor’s office and the willingness of courts to certify junk science as real evidence.

The victim of the murder was the 81-year-old manager of Riverview Trailer Park, where Barton lived. He was friends with that woman, Gladys Kuehler, and visited her the afternoon of her murder; later, he together with Kuehler’s granddaughter and a neighbor discovered the woman’s body. She’d been sexually assaulted and horribly knifed, slashed and stabbed more than 50 times.

The key bits of evidence convincing jurors — several of whom submitted affidavits during Barton’s clemency stage regretting their findings — that Barton had been the author of this savage attack were essentially two:

  1. Blood-spatter expert testimony that a drop of blood on Barton’s shirt that was a DNA match for Gladys Kuehler had arrived there via a “high-impact” splat at velocity –i.e., flying fast off the murder weapon. This stuff is humbug of the same genus as the burn pattern pseudoscience that wrongly executed Cameron Willingham, and more importantly it’s conspicuously silent on why Barton, who didn’t change or wash his clothes, wasn’t ribboned with high-impact bloodstains from his slasher-film murder. His own hypothesis that he picked up a spot of blood at the time he helped discover the body is at least as compelling an explanation.
  2. The ubiquitous jailhouse snitch, behind bars for a list of frauds as long as your arm, to whom Walter Barton, that fool, just spontaneously confessed even while otherwise maintaining his innocence to everyone else who would listen. The use and abuse of these finks, whose comforts are directly controlled by one party in the adversarial hearing, is a factor in a great many wrongful convictions.

Aggressively prosecuted by an attorney general — Jay Nixon, subsequently Missouri’s governor — more politically ambitious than forensically rigorous over the span of no fewer than five trials, then upheld by a split 4-3 vote in the state’s highest court, this met the emptiest formal standards of technical sufficiency to take the life of Arkie Barton, a sort of hollow malevolent pantomime of a functioning liberal democracy’s justice system.

Barton’s was just the sixth U.S. execution of 2020, and the first since COVID-19 torpedoed everything in mid-March. The last previous U.S. execution was that of Nathaniel Woods in Alabama, on March 5. Various states have delayed scheduled execution dates during the 11 intervening weeks, but those and others loom on the dockets as states push to reopen once it’s semi-safe to operate the machinery of death.

* Because he hailed originally from Arkansas.

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